Promotion of Volunteering Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Promotion of Volunteering Bill

Promotion of Volunteering Bill

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A

Bill

To

Make provision for volunteering and voluntary organisations; and for

connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Interpretation

In this Act—

“charitable purposes” means purposes as are recognised as exclusively

charitable under the law of England and “charity” shall be construed

accordingly;

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“employee engaged in volunteering” (“employee”) means any natural

person employed by a voluntary organisation or volunteering body,

who shall carry out any additional responsibilities for, or provide any

additional services to, a voluntary organisation or volunteering body

for the benefit of others without payment or the expectation of payment

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whether in money or money’s worth beyond his contractual salary and

the reimbursement of any reasonable and proper expenses incurred by

that person in connection with the provision of those services;

“institution” includes any trust or undertaking whether or not formally

constituted;

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“voluntary organisation” means—

(a)

a charity; or

(b)

an institution other than a charity which is established for

benevolent or philanthropic purposes;

“volunteer” means—

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(a)

any natural person, other than an employee, who shall provide

to, or on behalf of, any voluntary organisation or volunteering

body any services, under an arrangement concluded with the

voluntary organisation or volunteering body, without payment

or the expectation of payment whether in money or money’s

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worth, other than the reimbursement of any reasonable and

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Promotion of Volunteering Bill

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proper expenses incurred by that person in connection with the

provision of those services;

(b)

a farmer or other land owner who shall permit any members of

the public access to any land owned by the farmer or other land

owners for the purpose of carrying out any voluntary activity

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on that land or for the purpose of any educational activity; or

(c)

any Royal Army, Royal Navy, Royal Air Force or police cadet

instructor whether or not such person is paid.

“volunteering body” means—

(a)

an institution other than a voluntary organisation which,

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whether or not in the course of its business, provides services

other than for commercial gain; and includes commercial

organisations which provide any services other than for

commercial gain ; or

(b)

any school or institute of further or higher education providing

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out of school hours learning activities, including school sports

and adventure training;

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Statements of Inherent Risk

(1)

A volunteer, employee, volunteering body or voluntary organisation may

present—

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(a)

to any person of full age (“the adult person concerned”); or

(b)

to the parent or guardian of any person not of full age (“the child

concerned”),



who is to undertake any activity or activities administered or managed by or

under the control of the volunteer, voluntary organisation or volunteering

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body, a written statement (“the Statement of Inherent Risk”) setting out the

principal risks which are inherent to the activity or activities undertaken,

whether or not such risks shall involve risks of personal injury or harm or risks

to property.

(2)

The Statement of Inherent Risk shall be in writing and shall explain that if the

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adult person concerned or the parent or guardian of the child concerned

accepts and agrees to the Statement of Inherent Risk that the person or parent

or guardian shares responsibility for the safe conduct of the activity.

(3)

The Statement of Inherent Risk shall—

(a)

only list any risk or risks as are intrinsic or incidental to the activity or

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activities undertaken by the adult person or child concerned and may

not list any further or other risks;

(b)

not purport to exempt or exclude the volunteer, employee, voluntary

body or voluntary organisation or any of its servants or agents from

any criminal liability;

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(c)

not apply to—

(i)

any activity which the adult person concerned is obliged to

undertake for contractual, employment or other compulsory

reasons, or

(ii)

school activities which the child concerned is obliged to

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undertake or where there is no choice or alternative.

(4)

Where in accordance with the provision of this Act any volunteer, employee,

voluntary organisation or volunteering body shall have produced a Statement

of Inherent Risk and that Statement shall have been agreed with the adult

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person concerned or the guardian or parent of the child concerned, in any

subsequent proceedings for negligence or breach of statutory duty, in

considering any liability of the volunteer, the employee’s voluntary

organisation or volunteering body, a court shall—

(a)

have regard to the Statement of Inherent Risk so as to recognise that

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certain risks are inherent to activities and that accidents may occur

without negligence;

(b)

take note of the Statement of Inherent Risk in determining whether the

person or persons suffering harm had knowingly accepted that there

were risks involved; and

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(c)

only uphold any claim for negligence or breach of statutory duty where

it would manifestly be unreasonable not to do so.

(5)

The Secretary of State shall by regulations make provision for training courses

for members of the judiciary about volunteering, including, in particular, sport

and adventure training, and the workings of this Act.

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(6)

Regulations under this section may prescribe that Sport England, the Central

Council for Physical Recreation and such other bodies as the Secretary of State

may see fit shall establish training courses pursuant to subsection (5).

(7)

The Lord Chancellor shall in each year lay a report before each House of

Parliament setting out—

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(a)

the training courses provided to members of the judiciary under this

section; and

(b)

the numbers of judges who have attended—

(i)

training courses provided under this section; or

(ii)

any other training about the provisions of this Act.

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Amendment of the Financial Services Act 1986

(1)

The Financial Services Act 1986 is amended as follows.

(2)

In section 45(1) there is inserted—

“(ja)

any voluntary organisation in respect of the sale of, the

provision of advice in connection with, taking out or

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purchasing, a contract of insurance.

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Amendment of the Data Protection Act 1998

(1)

The Data Protection Act 1998 is amended as follows.

(2)

After section 30, there is inserted—

“30A

Voluntary bodies and organisations

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(1)

Any voluntary organisation, volunteering body, or statutory body is

entitled to reveal—

(a)

contact details relating to, and

(b)

the names of officers of



any voluntary organisation or volunteering body, provided that this

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information is disclosed in good faith and other than for commercial

gain.

(2)

Any voluntary organisation or volunteering body or volunteer shall

not be guilty of an offence if, in good faith and other than for

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commercial gain, it or he discloses any data in circumstances where the

disclosures of that data was, in the opinion of the volunteer, voluntary

organisation or volunteering body, necessary for, or desirable in, the

public interest

(3)

In this section, “voluntary organisation” and “volunteering body” have

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the same meanings as in the Promotion of Volunteering Act 2004.”.

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Persons assisting those injured or suffering not to be liable at common law

Any person who—

(a)

without payment or the expectation of payment, assists any other

person, and

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(b)

has reasonable grounds for believing that the other person is suffering

or injured or faces imminent serious injury,

shall not as a consequence of any action performed by him in good faith be

liable at common law for any harm caused to that person unless he intended to

cause harm.

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Financial provision

There shall be paid out of money provided by Parliament—

(a)

any expenditure incurred by the Secretary of State by virtue of this Act;

(b)

any increase attributable to this Act in the sums payable out of money so

provided by virtue of any other enactment.

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Short title, commencement and extent

(1)

This Act may be cited as the Promotion of Volunteering Act 2004.

(2)

This Act extends to England and Wales only.